HomeMy WebLinkAbout20190124.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: C. Gathman Hearing Date: November 20, 2018
Case Number: USR18-0089
Applicant: Marguerita Melendez & Hugo Barron Sierra
Request: A Site -Specific Development Plan and Use by Special Review Permit for a Home
Business (Parking of Vehicles associated with a Concrete Business) in the
A(Agricultural) Zone District.
Legal Lot 2, Lupton Meadows Land Company Map of Division #3 Vacation and Replat Lots 1 -
Description: 8; located in part of Section 19, T2N, R66W of the 6th PM, Weld County, Colorado
Location: East of and adjacent to County Road 25 and approximately 3,900 feet north of County
Road 18.
Size of Parcel:
+/- 38.96 acres Parcel No. 1309-19-2-03-002
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Weld County Department of Public Health and Environment, referral dated 9/17/2018
▪ Weld County Department of Public Works, referral dated 10/2/2018
▪ Colorado Division of Water Resources, referral dated 9/12/2018
▪ Department of Planning Services - Floodplain, referral dated 9/29/2018
▪ City of Fort Lupton, referral dated 9/26/2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ Weld County Zoning Compliance, referral dated 9/12/2018
▪ Fort Lupton Fire Protection District, referral dated 9/17/2018
Y Weld County Sheriff's Office, referral dated 9/21/2018
Y RE -8 School District, referral dated 9/26/2018
Y Colorado Department of Transportation (CDOT), referral dated 9/6/2018
The Department of Planning Services' staff has not received responses from the following agencies:
Y Colorado Parks and Wildlife
Y Town of Platteville
Y Platte Valley Soil Conservation District
USR18-0089 - Melendez & Sierra
Page 1
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: C. Gathman Hearing Date: November 20, 2018
Case Number: USR18-0089
Applicant: Marguerita Melendez & Hugo Barron Sierra
Request: A Site -Specific Development Plan and Use by Special Review Permit for a Home
Business (Parking of Vehicles associated with a Concrete Business) in the
A(Agricultural) Zone District.
Legal Lot 2, Lupton Meadows Land Company Map of Division #3 Vacation and Replat Lots 1 -
Description: 8; located in part of Section 19, T2N, R66W of the 6th PM, Weld County, Colorado
Location: East of and adjacent to County Road 25 and approximately 3,900 feet north of County
Road 18.
Size of Parcel: +1- 38.96 acres Parcel No. 1309-19-2-03-002
Case Summary:
The applicant is proposing to park trucks associated with a concrete business on the property. A total of
six (6) trucks associated with the business will be onsite. There is one (1) employee who has an
ownership stake in the company that lives onsite. Offsite employees would come to the site in their
personal vehicles and pick up the work trucks in the morning and bring them back in the evening. The
application indicates that vehicles will leave at 6 a.m. and return at 7 p.m. Monday -Friday and leave at 6
a.m. and return at 5 p.m. on Saturdays. Of the work vehicles, four (4) vehicles will be parked inside of an
existing outbuilding and two (2) vehicles will be parked in a screened parking area on the property. No
onsite maintenance of vehicles will be performed and there will be no onsite fuel tanks associated with
the business.
Portable toilets for employees are proposed. The existing well onsite is not permitted for commercial use.
The well must be re -permitted for employee use or the applicant shall provide bottled water for
employees.
This application was submitted in response to a zoning violation (ZCV18-0078) for parking of commercial
vehicles and a Non -Commercial Junkyard without completing the necessary Weld County Zoning
Permits. Approval of this application by the Board of County Commissioners would correct a portion of the
outstanding violations relating to the commercial business. If this application is denied, the Department of
Planning Services asks that the Board refer this case to the County Attorney's Office for legal action, but
to delay legal action for 30 (thirty) days to remove the Commercial Vehicle's and any associated
commercial storage and operations from the property.
The non-commercial junkyard does not require a Special Use Permit (USR). However, any storage of
derelict, unlicensed vehicles and other items (such as scrap wood, scrap metal...) must be screened from
all adjacent properties or rights -of -way or placed inside of a building. To address the non-commercial
junkyard onsite, staff has attached a condition of approval that evidence that all items associated with the
non-commercial junkyard have been screened, removed or placed within a building.
USR18-0089 - Melendez & Sierra
Page 2
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-10.F, "Land use policies should support a high -quality rural character which
respects the agricultural heritage and traditional agricultural land uses of the County, as
agricultural lands are converted to other uses (excluding urban development). Rural
character in the County includes those uses which provide rural lifestyles, rural -based
economies and opportunities to both live and work in rural areas. The natural landscape
and vegetation predominate over the built environment. Agricultural land uses and
development provide the visual landscapes traditionally found in rural areas and
communities."
No prime farmground will be removed from production. A total of six (6) commercial
vehicles will be parked on the property. Of these commercial vehicles, four (4) will be
parked inside of an existing outbuilding on the site and two (2) vehicles will be parked
outside within a screened area.
Section I. A.Policy 9.3. Consider mitigation techniques to address incompatibility issues.
The Home Business is for parking of commercial vehicles. Only two (2) vehicles will be
parked outside within a screened area. The remaining vehicles will be parked in an
existing outbuilding.
The proposed use is in an area that can support this development and the existing
screening, the Development Standards, and the Conditions of Approval will assist in
mitigating the impacts of the facility on the adjacent properties and ensure compatibility
with surrounding land uses and the region.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
The following uses proposed are allowed under the following Weld County Code
sections:
Section 23-3-40.P, "Home Business"
A home business is a Use by Special Review in the A (Agricultural) Zone District, which
is defined below:
Section 23-1-90. HOME BUSINESS: An incidental USE to the principal permitted
USE for gainful employment of the FAMILY residing on the property, where:
a. Such USE is conducted primarily within a DWELLING UNIT or
ACCESSORY STRUCTURE and principally carried on by the FAMILY
resident therein.
b. Such USE is clearly incidental and secondary to the principal
permitted USE and shall not change the character thereof.
The employee residing onsite is a family member and has an ownership stake in the
company. Business is conducted at job sites and not on the subject property. The
business storage is screened from any neighbors or rights -of -way. The proposed
screening, limits imposed in the Development Standards (including limitations on the
USR18-0089 - Melendez & Sierra
Page 3
number of vehicles parked onsite, limits on the hours of operation, and the Conditions of
Approval will assist in mitigating the impacts of the facility on the adjacent properties and
ensure compatibility with surrounding land uses and the region.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The proposed use is located on an existing residential property. This is a property located
in a platted subdivision (Lupton Meadows). The parcels in Lupton Meadows Subdivision
was originally platted in 1909. The boundaries of this property was adjusted through a
resubdivision (RS -1085) in 2005. The sizes of lots in Lupton Meadows are on larger lots
than most agricultural subdivisions in Weld County. The outside vehicle parking area is
located approximately 500 -feet to the west of County Road 25. Single family residences
are located to the north, west and southwest of the property. Gravel mining operations
are located approximately 600 feet to the southwest (AMUSR-1394) and to the 600 feet
to the northwest of the property (SUP -426). Several lots in Lupton Meadows are being
mined and some lots in Lupton Meadows are vacant as well.
The applicant held a neighborhood meeting on 6/27/2018. The applicant has indicated
that one (1) property owner attended this meeting and had no objections to this request.
Staff has received no phone calls or correspondence from surrounding property owners
regarding this application.
The location of the parking area, screening requirements, limits on the number of
vehicles and limits on hours of operation with ensure compatibility with existing
surrounding land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
The site is located within the Fort Lupton/Weld County Cooperative Planning Agreement
boundary and the PlattevillelWeld County Cooperative Planning Agreement boundary.
Prior to submittal of the USR application the applicant met with the City of Fort Lupton
regarding their application on 7/2/2018 and contacted the Town of Platteville. A response
was received from the Town of Platteville on 6/22/2018 indicating that they had no
interest in annexation and that there were no permit requirements from the Town of
Platteville for this site.
The site is located within the three (3) mile referral areas of City of Fort Lupton and Town
of Platteville. The City of Fort Lupton in their referral comments, dated 9/26/2018
requested that the applicant identify a total of 85 -feet of right-of-way be indicated for
County Road 25 as it is identified as a Collector Road in the City Transportation Plan.
The City of Fort Lupton is requesting a Pre -Annexation Agreement with the applicant to
address future annexation and future road impacts should changes in size and load of
truck traffic occur.
No referral response was received from the Town of Platteville regarding this request.
The City of Fort Lupton requests are addressed as a condition of approval.
The number and type of vehicles associated with this business are limited per the
attached development standards.
USR18-0089 - Melendez & Sierra
Page 4
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of
the Weld County Code.
The property is/is not within the Geologic Hazard Overlay District or the Airport Overlay
District. The property is entirely located within the 100 -year floodplain and future
development will require a Floodplain Development Permit.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 38.96 acres delineated as "Irrigated
(Non -Prime) and "Prime (Irrigated)" per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The proposed Home Business is located on areas of the
property that are already developed. This request will not remove additional cropland
from production.
G. Section 23-2-220.A.7 - There is adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the plat:
A. Any construction in the floodplain requires a floodplain permit. (Department of Planning
Services - Floodplain)
B. The applicant shall attempt to address the comments of the City of Fort Lupton as stated in
their referral dated 9/26/2018. Written evidence of such shall be provided to the
Department of Planning Services. (City of Fort Lupton)
C. The applicant shall submit evidence that the noncommercial junkyard onsite has been
completely screened or removed from the property. (Zoning Compliance)
D. The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0089. (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
USR18-0089 - Melendez & Sierra
Page 5
4. The applicant shall delineate on the map the trash collection areas. Section
23-3-350.H of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
5. The map shall delineate the screening. The parking area for the two (2) employee
vehicles shall be identified and the proposed screening fence shall be delineated.
The fence shall be either solid fence, solid metal or vinyl and shall screen the parking
area from adjacent properties and road rights -of -way. (Department of Planning
Services)
6. Show the approved Municipality of Fort Lupton access(es) on the site plan and label
with the approved access permit number if applicable. (Department of Planning
Services)
7. The applicant shall show the drainage flow arrows. (Department of Public Works)
8. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
9. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Public Works)
10. Show and label the floodplain and floodway (if applicable) boundaries on the map.
Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel
Number or appropriate study. (Department of Planning Services - Floodplain)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper
copy or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar
plat along with all other documentation required as Conditions of Approval. The Mylar plat shall
be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning
Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar plat and additional requirements shall be submitted within
one hundred twenty (120) days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee. (Department of Planning
Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
plat not be recorded within the required one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added
for each additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj)
with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN
StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to
maps@co.weld.co us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required.
(Department of Public Works)
8. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office
of the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
USR18-0089 - Melendez & Sierra
Page 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Marguerita Melendez & Hugo Barron Sierra
USR18-0089
1. A Site -Specific Development Plan and Use by Special Review Permit, USR18-0089, for Home
Business (Parking of Vehicles associated with a Concrete Business) in the A (Agricultural) Zone
District, subject to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operation are 6:00 a.m. - 7:00 p.m. Monday - Friday and 6:00 a.m. - 5:00 p.m.
Saturday, as stated in the application materials. (Department of Planning Services)
4. The number of on -site employees shall be 10. (Department of Planning Services)
5. The number of trucks associated with the business shall be limited to 6 (six) semi -trucks as stated in
the application materials. (Department of Planning Services)
6. A maximum of two (2) trucks associated with the business hall be parked outside at any one time.
(Department of Planning Services)
7. The parking area on the site shall be maintained. (Department of Planning Services)
8. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
9. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
11. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
12. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of
Public Health and Environment)
13. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
14. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
15. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times. A
permanent, adequate water supply shall be provided for drinking and sanitary purposes. The existing
well (permit 206766) cannot be used for the business unless it is re -permitted to allow commercial
use. (Department of Public Health and Environment)
16. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems. (Department of Public Health and
Environment)
USR18-0089 - Melendez & Sierra
Page 7
17. For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full-time
employees on site, portable toilets and bottled water are acceptable. Records of maintenance and
proper disposal for portable toilets shall be retained on a quarterly basis and available for review by
the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by
a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health
and Environment)
18. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
19. The property owner shall control noxious weeds on the site. (Department of Public Works)
20. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
21. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
22. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent
properties in accordance with the map. Neither the direct, nor reflected, light from any light source
may create a traffic hazard to operators of motor vehicles on public or private streets. No colored
lights may be used which may be confused with, or construed as, traffic control devices. (Department
of Planning Services)
23. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C -1915E effective date January 20, 2016 (South Platte River
Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado
Water Conservation Board requirements as described in Rules and Regulations for Regulatory
Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59,
60, and 65. The FEMA definition of development is any man-made change to improved or
unimproved real estate, including but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation, drilling operations, or storage of equipment and materials.
(Department of Planning Services - Floodplain)
24. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified. (Department of Planning Services - Floodplain)
25. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2017 National Electrical Code. A Building Permit Application must be completed and two
(2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado
registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
26. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
27. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
USR18-0089 - Melendez & Sierra
Page 8
28. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services. (Department of Planning Services)
29. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
30. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issued permit, and of the outcome or disposition of any such compliance
advisory or other notice of non-compliance. (Department of Public Health and Environment)
31. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Department of Public
Health and Environment)
32. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the
state face a critical shortage of such deposits; and (c) such deposits should be extracted according to
a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
33. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties
in the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there
are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
USR18-0089 - Melendez & Sierra
Page 9
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and county roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
USR18-0089 - Melendez & Sierra
Page 10
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
September 05, 2018
B&M Concrete Inc.
14751 E COUNTY LINE RD
LONGMONT, CO 805048031
Subject: USR18-0089 - A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (Parking of Vehicles associated with a Concrete Business) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT 2 LUPTON MEADOWS LAND COMPANY MAP OF DIVISION #3 VACATION AND REPLAT OF
LOTS 1 THRU 8; PART SECTION 19, T2N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Fort Lupton at Phone Number 303-857-6694
Platteville at Phone Number 970-785-2245
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
FIELD CHECK
Inspection Date: 11/9/2018
CASE NUMBER: USR18-0089
APPLICANT: Marguerita Melendez & Hugo Barron Sierra
LEGAL DESCRIPTION: Lot 2, Lupton Meadows Land Company Map of Division #3 Vacation and Replat
Lots 1-8; located in part of Section 19, T2N, R66W of the 6t" PM, Weld County,
Colorado
LOCATION:
East of and adjacent to County Road 25 and approximately 3,900 feet north of
County Road 18.
Zoning
Land Use
N
A (Agricultural)
N
SF residence
E
A (Agricultural)
E
SF residence
S
A (Agricultural)
S
Undeveloped lot
W
A (Agricultural)
W
Platte River
COMMENTS:
Existing residence and outbuilding on lot.
Chris Gathman, Planner
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